HomeMy WebLinkAbout20150166.tiffMEMORANDUM
TO: Clerk to the Board DATE: December 20, 2016
FROM: Richard White, Public Works Department
SUBJECT: Consent Agenda Item
Doc # 2015-0166
Bid # B1500020
Contract Agreement Extension/Renewal for Environmental Services Contract Award with Tiglas
Ecological Services from January 1, 2017 to December 31, 2017.
M:iFrancie\AGENDA memos\Agende-Richard doc
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BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: 2017 Environmental Services — Contract Extension /Renewal
DEPARTMENT: PUBLIC WORKS DATE: 12/01/2016
PERSON(S) REQUESTING: Richard White, Don Dunker
Brief description of the problem/issue:
Bids were received from eight vendors at the beginning of 2015 for the Environmental Services Contract. A
Professional Services Agreement was executed at that time and is currently in place with an option for an
extension each year for a maximum of two years. The extension of this contract for 2017 would be the second
and final renewal. The hourly rates submitted in the bid were the basis for the environmental services provided
last year. Tiglas Ecological Services has indicated the hourly rates will remain the same for 2017. With the
number of CDOT oversight projects that require extensive environmental clearances, as well as other projects,
we anticipate a similar need for this service in 2017. The current contract extension expires December 31,
2016. The task/hours shown on Exhibit A (attached) are the hours of work we anticipate for 2017.
The Public Works Department has worked with Tiglas Ecological Services for several years now and has been
very satisfied with the services provided. It is our recommendation to renew the contract with Tiglas Ecological
Services for 2017.
What options exist for the Board:
I) The Board can agree to the recommended contract renewal and authorize staff to put the signed contract
extension form on the first available agenda in January 2017, or
2) Ask staff to schedule a work session with the BOCC for further discussion.
Recommendation to the Board:
Public Works recommends authorization of the attached Professional Services Agreement — (Contract
Extension/Renewal) with Tiglas Environmental, in the amount of $34,715.00.
Mike Freeman, Chair
Barbara Kirkmeyer
Sean P. Conway
Steve Moreno
Julie Cozad
Approve Schedule
Recommendation Work Session
rne-
Attachments: Signed contract extension form and exhibits A & B
Comments
M:\ —Active Projects\Engineering On -Call Services\Environmental\2017\Work Session pass -around Tiglas 11-29-
16 (003).doc
CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS
AND TIGLAS ECOLOGICAL SERVICES
This Agreement Extension/Renewal ("Renewal"), made and entered into the 9� day o o'1O/by and between
the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Wor�7., hereinafter referred to as the
"Department", and Tiglas Ecological Services, hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No. 2015-0166, approved on February 4th, 2015.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the
Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement ended on December 31, 2015, and the first renewal will end on December 31, 2016.
• The parties agree to extend the Original Agreement for an additional One Year period, which will begin January 1, 2017, and
will end on December 31, 2017.
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The
following change is hereby made to the Contract Documents:
1. Tiglas renewal proposal and hourly rates for 2017, See Exhibit 'A'.
2. Tiglas estimated hours per task for 2017, See Exhibit 'B'.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
CONTRACTOR:
DarctA•TicI.z
Na e 1)
Signature
ATTEST: ddiadA.1 •e•k.
Weld
BY:
Deputy Cler
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR,9QO
-6,1sT C)rZ
Julie A. Cozad, , Chair ( 2017
-JAN 0 9
EXHIBIT A
DARCY A. TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183 (H)
970-222-2151 (C)
November 8, 2016
RE: Proposal for Ecological and Historic Services Contract for Weld County
Ms. Darcy Tiglas and Tiglas Ecological Services has provided environmental and historic/cultural services
support to Weld County for 25 years. These services have included wetland delineations, Preble's meadow
jumping mouse habitat evaluations and live trappings, Uto ladies' -tresses orchid habitat evaluations and
surveys, obtainment of 404 -wetland permits (nationwide and individual), birds -of -prey surveys, and
coordination with the Colorado Department of Transportation's (CDOT) environmental staff to assure
compliance with the Federal Highway Administration rules and regulations.
Mr. John Hoffecker of Historic Preservation Consultants in Littleton, Colorado has provided the historic
and cultural services support and expertise, including paleontology and archeology clearances particularly
on CDOT projects. John also provides base level surveys and reports to support NEPA projects, like
Environmental Assessments needed on U.S. Forest Service projects.
Both John and Darcy are familiar with Weld County and the variety of projects Weld County encounters to
improve or establish infrastructure across the County whether it be a bridge replacement, road realignment,
intersection improvement, borrow pit site, or State roadway tie-in and improvement with existing
infrastructure. Darcy and John have worked with Weld County on all types of projects. The hourly rate and
equipment rate costs are provided below.
2017 Hourly Rate and Equipment Rate Sheet
Hourly Rate
Darcy Tiglas Biologist $87.00 per hour
John Hoffecker Cultural Resources $75.00 per hour
Equipment Rate Sheet:
Vehicle: 0.555 cents per mile
Computer. $27.50 per hour
Phone: 0.20 cents per minute
Sincerely,
� aket je (,I C� (9
Darcy A. Tiglas, Biologist
Tiglas Ecological Services
EXHIBIT B - COST PROPOSAL FOR YEAR 2017.
The hourly amounts indicated represent the hours spent on each of the following seven tasks
during the year 2016, Weld County, Public Works anticipates similar hours will be required for
this work in 2017.
ITEM NO. DESCRIPTION
1 Wetland Delineation Task
2 Preble's Meadow Jumping Mouse Task
3 Ute Ladies' -Tresses Orchid Task
4 404 Wetlands Permit Task
5 Cultural Resources/Historic Survey Task
6 Birds of Prey Survey Task
7 Coordination with CDOT Environmental Staff Task
TOTAL BID AMOUNT $ 34,715
Unit PRICE
(160 HRS @ $67/hr.) $ 10,720 .
(15 HRS @ $67/hr.) $ 1,005
(15 HRS @ $67/hr.) $ 005
(160 HRS @ $67/hr.) $
(110 HRS @ $75/hr.) $
(15 HRS @ $67/hr.) $
(30 HRS @ $67/hr.) $
A limit of $35,000 total compensation for this
contract will be budgeted by the Department for 2017.
10,720
8,250
1,005
2,010
NOTE: All prices provided shall include labor, office supplies, mileage, overhead and report
writing as needed for each task. The above listed items indicate the most frequently used tasks.
Future Internal Accounting Forms (if applicable) may request additional services beyond those
identified above. The following information shall be filled out and signed by the consultant:
FIRM
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BUSINESS LOUIS- ADDRESS J 1 51/ r( {/1 (MC;(-,
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CITY, STATE, ZIP CODE LbtnS
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FAX TAX ID # 5?1{ - 31- 4140
MEMORANDUM
TO: Clerk to the Board DATE: January 28, 2015
FROM: Richard White, Public Works Department
SUBJECT: Consent Agenda Item
Doc # 2015-0166 4b *N5-000,22,
Contract Agreement Extension/Renewal for Environmental Services Contract Award with Tiglas
Ecological Services from January 1, 2016, to December 31, 2016.
RECEIVED
JAN 2 9 2016
WELD COUNTY
COMMISSIONERS
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MEMORANDUM
Date: January 28, 2015
To: Trevor Jiricek, Director of General Services
From: Richard White, Don Dunker
RE: Bid Request No. B1500020
BOCC Approval Date February 1, 2016
The County's (Public Works Department) contract with Tiglas Ecological Services is in need of extension. This
would be the first extension of this contract — originally signed in February 2015. The Public Works Department
has worked with Tiglas Ecological Services for several years and has been very satisfied with the services provided.
Background: Bids were received from eight vendors at the beginning of last year for the 2015 Environmental
Services Contract. Bids ranged from $26,130 - $47,760 with the low bid being submitted by Tiglas Ecological
Services from Loveland, Co. The Board agreed with the staff recommendation last year to award the contract to
Tiglas Ecological Services. A Professional Services Agreement was executed at that time and is currently in place
with an option for an extension each year. Tiglas Ecological Services has said that the hourly rates will remain
the same for this year. The BOCC has approved this action via pass -around dated 1-8-2016.
It is staff's recommendation to renew the contract with Tiglas Ecological Services for 2016 in the amount of
$34,715.00.
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: 2016 Environmental Services — Contract Award
DEPARTMENT: PUBLIC WORKS DATE: 01/8/2016
PERSON(S) REQUESTING: Richard White. Don Dunker
Brief description of the problem/issue:
The County's (Public Works Department) contract with Tiglas Ecological Services is in need of extension. This would be
the first extension of this contract — originally signed in February 2015. Tiglas is not requesting any increase to the
established hourly rates. f
The Public Works Department has worked with Tiglas Ecological Services for several years now and has been very
satisfied with the services provided. It is our recommendation to renew the contract with Tiglas Ecological Services for
2016.
Background: Bids were received from eight vendors at the beginning of last year for the 2015 Environmental Services
Contract. Bids ranged from $26,130 - $47,760 with the low bid being submitted by Tiglas Ecological Services from
Loveland, Co. The Board agreed with the staff recommendation last year to award the contract to Tiglas Ecological
Services. A Professional Services Agreement was executed at that time and is currently in place with an option for an
extension each year. The extension of this contract for 2016 would be the first renewal, with the option of renewing one
additional year before competitive bidding is required again for this service. The hourly rates submitted in the bid were
the basis for the environmental services provided last year. Tiglas Ecological Services has said that the hourly rates will
remain the same for this year. With the number of CDOT oversight projects that require extensive environmental
clearances, as well as other projects, we anticipate a greater need for this service this year than last year. The task/hours
shown on exhibit A (attached) have been increased to cover the additional work we are anticipating.
What options exist for the Board:
1) The Board can agree to the recommended contract renewal and authorize staff to put the signed contract
extension form on the next BOCC agenda, or
2) Ask staff to schedule a work session with the BOCC for further discussion.
Recommendation to the Board:
Public Works recommends authorization of the attached Professional Services Agreement.
Approve Schedule
Recommendation Work Session Comments
Mike Freeman, Chair
Barbara Kirkmeyer
Sean P. Conway
Steve Moreno
inr
Julie Cozad "..1
Attachments: Signed contract extension form and exhibits A
CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS
AND (TIGLAS ECOLOGICAL SERVICES}
This Agreement Extension/Renewal ("Renewal"), made and entered into 3rd day of Feb, 2016, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Put* Works, hereinafter referred to as the
"Department", and Tiglas Ecological Services hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No. 2015-0166, approved on February 4th, 201S.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the
Original Agreement, which is Incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement will end on December 31. 2015.
• The parties agree to extend the Original Agreement for an additional One Year period, which will begin January 1, 2016, and
wilt end on December 31. 2016.
• The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The
following change is hereby made to the Contract Documents:
1. See Exhibit 'A'
2.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
CONTRACTOR:
Print;
Signature
ATTEST:
Weld
BY:
t9eIW
Deputy Cler ; to the Board
APPROVED AS TO FU ! IN
Controller
APPROV TO FOR
/r•
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair FEB 0 3 2016
APPROVED AS TO BSTAI :
cted
r Department Head
Director of General Services
DARCY A. TIGLAS
• 5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183 (II)
970-222-2151 (C)
January 8, 2016
RE: Proposal for Ecological and Historic Services Contract for Weld County
Ms. Darcy Tiglas and Tiglas Ecological Services has provided environmental and historic/cultural services
support to Weld County for 25 years. These services have included wetland delineations, Preble's meadow
jumping mouse habitat evaluations and live trappings, Ute ladies' -tresses orchid habitat evaluations and
surveys, obtainment of 404 -wetland permits (nationwide and individual), birds -of -prey surveys, and
coordination with the Colorado Department of Transportation's (CDOT) environmental staff to assure
compliance with the Federal Highway Administration rules and regulations. Mr. John Hoffecker of Historic
Preservation Consultants in Littleton, Colorado has provided the historic and cultural services support and
expertise, including paleontology and archeology clearances particularly on CDOT projects. Both John and
Darcy are familiar with Weld County and the variety of projects Weld County encounters to improve or
establish infrastructure across the County whether it be a bridge replacement, road realignment, intersection
improvement, borrow pit site, or State roadway tie-in and improvement with existing infrastructure. Darcy
and John have worked with Weld County on all of these types of projects. The hourly rate and equipment
rate costs are provided below.
2016 Hourly Rate and Equipment Rate Sheet
Hourly Rate:
Darcy Tiglas Biologist $67.00 per hour
John Hoffecker Cultural Resources $75.00 per hour
Equipment Rate Sheet:
Vehicle: 0.575 cents per mile
Computer: $27.50 per hour
Phone: 0.20 cents per minute
Sincerely,
Darcy A. Tiglas, Biologist
Tiglas Ecological Services
EXHIBIT A -COST PROPOSAL FOR YEAR 2016.
The hourly amounts indicated represent the hours spent on each of the following seven tasks
during the year 2015, Weld County. Public Works anticipates similar hours will be required for
this work in 2016.
ITEM NO. DESCRIPTION Unit PRICE
1 Wetland Delineation Task 160 HRS $ 10.720
2 Preble's Meadow Jumping Mouse Task 15 HRS $ 1.005 .
3 Ute Ladies' -Tresses Orchid Task 15 HRS $ 1.005 .
4 404 Wetlands Permit Task 160 HRS $ 10,720 .
5 Cultural Resources/Historic Survey Task 110 HRS $ 8,250 .
6 Birds of Prey Survey Task 15 HRS $ 1,005 .
7 Coordination with CDOT Environmental Staff Task 30 HRS $ 2.010 .
TOTAL BID AMOUNT $ 34,715
A limit of $35,000 total compensation for this
contract will be budgeted by the Department for 2016.
NOTE: All prices provided shall include labor, office supplies, mileage, overhead and report writing
as needed for each task. The above listed items Indicate the most frequently used tasks. Future
Internal Accounting Forms (if applicable) may request additional services beyond those identified
above. The following information shall be filled out and signed by the consultant:
FIRM I 1a5 -o (O9 (cod SQAVt (L2 5
BY
ADDRESS CI O i S- 5wailitsovia - DATE V.7/1 Co
BUSINESS
CITY, STATE, ZIP CODE t-nektrild j Co SO5 !EMAIL 'i"I J aa.' d Pao' . Cori -7
TELEPHONE NO C)70,I, FAX TAX ID #
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6
MEMORANDUM
TO: Clerk to the Board DATE: January 29, 2015
FROM: Richard White, Public Works Department
SUBJECT: BOCC Agenda Item
RE: Agreement for Professional Services — Tiglas Ecological Services
Attached are:
• One original Professional Services Agreement with Tiglas Ecological Services
• Approved pass around
Please submit this agreement for the BOCC agenda for Chair's signature.
Enclosures
M:\Francie\AGENDA memos \TiglasEcologicalServicesAgree2015.docx
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BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: 2015 Environmental Services — Contract Award
DEPARTMENT: PUBLIC WORKS DATE: 01/19/2015
PERSON(S) REQUESTING: Richard White (Engineer III). Don Dunker (County Engineer)
Brief description of the problem/issue:
Bids were received from eight vendors on 01/06/2015 for the 2015 Environmental Services Contract. Bids
ranged from $26,130 - $47,760 with the low bid being submitted by Tiglas Ecological Services from Loveland,
Co. The PW Department has worked with Tiglas Ecological Services for the past couple of years and has been
very satisfied with the services provided.
Tiglas Ecological Services previous contract was renewed three times, which was the maximum allowed by the
contract. A formal request for proposals was bid by the Purchasing Division and the proposals received were
reviewed and scored by three Public Works Project Mangers. The Review team consisted of Richard White,
Mike Bedell and Cameron Parrott; the final scoring results are attached. It is our recommendation to award the
contract to Tiglas Ecological Services.
PW's intends to use the selected consultant on a yearly basis with an option for an extension for up to two
additional years. The hourly rates submitted in the bid will be the basis for other environmental services
specific to upcoming projects.
What options exist for the Board:
1) The Board can agree to the recommended contract award and authorize staff to put the signed Professional
Services Agreement on the next BOCC agenda, or
2) Ask staff to schedule a work session with the BOCC for further discussion.
Recommendation to the Board:
Public Works recommends authorization of the attached Professional Services Agreement.
Approve Schedule
Recommendation Work Session Comments
Barbara Kirkmeyer, Chair
Mike Freeman
Sean P. Conway
Steve Moreno
Julie Cozad
Attachments: RFP Scoring & signed Professional Services Agreement
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & TIGLAS ECOLOGICAL SERVICES
THIS AGREEMENT is made and entered into this day of lima -42011 by and between the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as
"County," and Tiglas Ecological Services , an individual, whose address is 5015 Swainsona Drive,
Loveland Co. 80537 , hereinafter referred to as "Contract Professional".
WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to
perform services as more particularly set forth below; and
WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform
the services, and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits and
_, each of which forms an integral part of this Agreement. Exhibits _ and are specifically incorporated
herein by this reference. County and Contract Professional acknowledge and agree that this Agreement,
including specifically Exhibits and , define the performance obligations of Contract Professional and
Contract Professional's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No.
"B1500020". The RFP contains all of the specific requirements of County.
Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The
Response confirms Contract Professional's obligations under this Agreement.
2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products
necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary
to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein
by reference. Contract Professional shall coordinate with Weld County to perform the services described in
attached Exhibits A and B . Contract Professional shall faithfully perform the work in accordance with the
standards of professional care, skill, training, diligence and judgment provided by highly competent Contract
Professionals performing services of a similar nature to those described in this Agreement. Contract
Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply
with the standards and requirements of Exhibits A and B within the time limits prescribed by County may
result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until Contract Professional's completion of the responsibilities described in
Exhibit A . Both of the parties to this Agreement understand and agree that the laws of the State of Colorado
07oii- D/GO
prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore,
within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract
Professional if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material
breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract
Professional the right to provide services under this Agreement beyond the time when such services become
unsatisfactory to the County.
If this Agreement is terminated by County; Contract Professional shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and
which have been approved by the County; (2) the reasonable value to County of the services which Contract
Professional provided prior to the date of the termination notice, but which had not yet been approved for
payment; and (3) the cost of any work which the County approves in writing which it determines is needed to
accomplish an orderly termination of the work. County shall be entitled to the use of all material generated
pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities owned
by County which Contract Professional is using, by whatever method it deems expedient; and, Contract
Professional shall deliver to County all drawings, drafts or other documents it has completed or partially
completed under this Agreement, together with all other items, materials and documents which have been paid
for by County, and these items, materials and documents shall be the property of County. Copies of work
product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except
for compensation for work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed
by both parties. No additional services or work performed by Contract Professional shall be the basis for
additional compensation unless and until Contract Professional has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be
the basis of any increase in the compensation payable hereunder. In the event that written authorization and
acknowledgment by the County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be
deemed waived and such failure shall result in non-payment for such additional services or work performed. In
the event the County shall require changes in the scope, character, or complexity of the work to be performed,
and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for
performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and
this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract
Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the
anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement
shall be deemed covered in the compensation and time provisions of this Agreement
6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the
services, and County's acceptance of the same, County agrees to pay an amount no greater than $ 26,130.00 ,
which is the bid set forth in Exhibit A . Contract Professional acknowledges no payment in excess of that
amount will be made by County unless a "change order" authorizing such additional payment has been
specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld
County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision
of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and
expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the
sum of the bid amount set forth in Exhibit A . Contactor acknowledges that any work it performs beyond that
specifically authorized by County is performed at Contract Professional's risk and without authorization under
this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other
than the compensation stated herein.
If, at any time during the term or after termination or expiration of this Agreement, County reasonably
determines that any payment made by County to Contract Professional was improper because the service for
which payment was made did not perform as set forth in this Agreement, then upon written notice of such
determination and request for reimbursement from County, Contract Professional shall forthwith return such
payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by
County, if any, shall forthwith be returned to County.
County will not withhold any taxes from monies paid to the Contract Professional hereunder and
Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related
to payments made pursuant to the terms of this Agreement.
Mileage may be reimbursed if the provisions of Exhibit A_ permit such payment at the rate set forth in
Exhibit B . Contract Professional shall not be paid any other expenses unless set forth in this Agreement.
Payment to Contract Professional will be made only upon presentation of a proper claim by Contract
Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations
under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period
after December 31 of any year, without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised
Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20)
7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract
Professional and that Contract Professional's officers, agents or employees will not become employees of
County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.
Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract
Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed
pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide
such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits
will be available to Contract Professional and its employees and agents only if such coverage is made available
by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment
taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract
Professional shall not have authorization, express or implied, to bind County to any agreement, liability or
understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following
responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a)
provide and keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law (and as set forth in Exhibit A provide proof thereof when requested to do so by County.
8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not
enter into any subcontractor agreements for the completion of this project without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable
discretion to approve all personnel assigned to the subject project during the performance of this Agreement and
no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project.
Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services
to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and
to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by
this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the
provisions of this Agreement against any subcontractor hired by Contract Professional and Contract
Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and
omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contract Professional under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition, all reports,
documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to
this Agreement and all reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement, whether or not such materials are in completed form, shall
at all times be considered the property of the County. Contract Professional shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must
comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the
confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential
information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential
information to any other person or entity without seeking written permission from the County. Contract
Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature
of this confidential information and of the restrictions imposed by this agreement.
11. Warranty. Contract Professional warrants that the services performed under this Agreement will be
performed in a manner consistent with the professional standards governing such services and the provisions of
this Agreement. Contract Professional further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all
services will conform to applicable specifications.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit
to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by
County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve
Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action
by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or
default which may then exist on the part of Contract Professional, and County's action or inaction when any
such breach or default shall exist shall not impair or prejudice any right or remedy available to County with
respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants,
provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the County of, or payment for, the services completed under this Agreement shall not be
construed as a waiver of any of the County's rights under this Agreement or under the law generally.
13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution
of any agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in
force at all times during the term of the Agreement, or any extension thereof, and during any warranty period.
The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by
A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be reduced before the expiration
date thereof, the issuing company shall send written notice to the Weld County Director of General Services by
certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation
or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any
policy is in excess of a deductible or self -insured retention, County must be notified by the Contract
Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention.
County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the
amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits
contained herein are sufficient to protect them from liabilities that might arise out of the performance of the
work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors.
The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations
assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds
or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement.
Any modification to these requirements must be made in writing by Weld County.
The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract
Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services rendered by the Contract
Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies.
INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions
of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of the Contract Professional to conform to any statutes,
ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for
any and all injuries or damage received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account
of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or
termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation,
defense and judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers
for losses arising from the work performed by the Contract Professional for the County. A failure to comply
with this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of
any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contract Professional's employees acting within the course and scope
of their employment. Policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contract Professional or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor
executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability
assumed under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to
all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -
owned vehicles used in the performance of this Contract.
Professional Liability (Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in
the Scope of Services of this contract. Contract Professional shall maintain limits for all claims
covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage
sustained by reason of or in the course of operations under this Contract resulting from professional
services. In the event that the professional liability insurance required by this Contract is written on a
claims -made basis, Contract Professional warrants that any retroactive date under the policy shall
precede the effective date of this Contract; and that either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two (2) years beginning at the time
work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Contract Professionals shall secure and deliver to the County at or before the time of execution of
this Agreement, and shall keep in force at all times during the term of the Agreement as the same
may be extended as herein provided, a commercial general liability insurance policy, including
public liability and property damage, in form and company acceptable to and approved by said
Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate
of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contract Professional's insurer shall name County as an additional
insured.
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Contract
Professional. Contract Professional shall include all such subcontractors, independent Contract
Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all
subcontractors maintain the required coverages. Contract Professional agrees to provide proof of
insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or
other entities upon request by the County.
14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein
or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to
assign or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be
granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized
representative of County, including the County Auditor, shall have access to and the right to examine and audit
any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this
Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment
received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
17. Compliance with Law. Contract Professional shall strictly comply with all applicable federal and State
laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contract Professionals or persons to perform services of the same or similar nature.
19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
20. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution
of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County
has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere
with the performance of Contract Professional's services and Contract Professional shall not employ any person
having such known interests. During the term of this Agreement, Contract Professional shall not engage in any
in any business or personal activities or practices or maintain any relationships which actually conflicts with or
in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by
Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in
immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract
Professional's family shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding
to Contract Professional.
22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it
has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
27. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this contract.
Contract Professional will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E -Verify
program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(e). Contract
Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement
or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract
Professional shall not use E -Verify Program or State of Colorado program procedures to undertake pre-
employment screening or job applicants while this Agreement is being performed. If Contract Professional
obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County
within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not
terminate the contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the
State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to
perform work under the contract, affirm that Contract Professional has examined the legal work status of such
employee, retained file copies of the documents, and not altered or falsified the identification documents for
such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of
C.K.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contract
Professional shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract
Professional receives federal or state funds under the contract, Contract Professional must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to
C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract
Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a
citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
28. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
29. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be
null and void.
30. Official Engineering Publications: Contract Professional acknowledges and agrees that the Colorado
Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado
Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work
performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these
publications may result in withholding by County of some or all of the Compensation.
Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached Exhibits A and B , is the complete and exclusive statement of agreement between the parties and
supersedes all proposals or prior agreements, oral or written, and any other communications between the parties
relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
.201 .
CONTRACT PROFESSIONAL:
WELD CO
ATTEST:
Weld C. ,ty
BY:
Date '1
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Cler Mike Freeman, ProTe
APPROVED AS TO UNDING: — APP VED AS
Controller
APP' XL's: S TO FORM:
Director . General Services
EXHIBIT A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: DECEMBER 19, 2015
BID NUMBER: B1500020
DESCRIPTION: ENVIRONMENTAL SERVICES
DEPARTMENT: PUBLIC WORKS DEPT
BID OPENING DATE: JANUARY 6, 2014 @ 2:00 PM
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Director of
General Services (collectively referred to herein as, 'Weld County"), wishes to purchase the
following: ENVIRONMENTAL SERVICES
Bids will be received at the Office of the Weld County Purchasing Department in the Weld County
Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: January 6"', 2015 Cad 2:00 PM
%Weld County Purchasing Time Clockl,
PAr;FS 1 - R nF THIC PFfhIFCT MP Pin r.nuTAIN GENERAL INFnPMATInM FnP TUF
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN
PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8
2. INVITATION TO BID:
Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said
merchandise and/or equipment shall be delivered to the location(s) specified herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and
discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to
pay if awarded the bid.
You can find bid information on the Weld County Purchasing website at
http://www.co.weld.co.us/Departments/PurchasinQ/index.html located under Current Request for Bids.
Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky
Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by
multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Did Delivery to Weld County — 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m .
Emailed bids must include the following statement on the email: "I hereby waive my right to
a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more
than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal.
2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must
include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If
more than one copy of the bid is requested, you must submit/mail hard copies of the bid
proposal.
3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope
with the bid title and bid number on it. Please address to: Weld County Purchasing Department,
1150 O Street, Room #107 Greeley, CO 80631.
Please call Purchasing at 970-336-7225 if you have any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION:
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing
Department. Each bid must give the full business address of bidder and be signed by him with his
usual signature. Bids by partnerships must furnish the full names of all partners and must be signed
with the partnership name by one of the members of the partnership or by an authorized
representative, followed by the signature and title of the person signing. Bids by corporations must be
signed with the legal name of the corporation, followed by the name of the state of the incorporation
and by the signature and title of the president, secretary, or other person authorized to bind it in the
matter. The name of each person signing shall also be typed or printed below the signature. A bid by
a person who affixes to his signature the word "president," "secretary," "agent," or other title without
disclosing his principal, may be held to be the bid of the individual signing. When requested by the
Weld County Director of General Services, satisfactory evidence of the authority of the officer signing
in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of
anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the
person signing the bid. All bidders shall agree to comply with all of the conditions, requirements,
specifications, and/or instructions of this bid as stated or implied herein. All designations and prices
shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders
are required to use the Proposal Forms which are included in this package and on the basis indicated
in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to
ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated
in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept
unopened in a secure place. No responsibility will attach to the Weld County Director of General
Services for the premature opening of a bid not properly addressed and identified. Bids may be
withdrawn upon written request to and approval of the Weld County Director of General Services; said
request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the
part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been
awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained
herein, failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. It is also understood that Weld County will give preference to suppliers from the State of
Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any
books, stationery, records, printing, lithographing or other supplies for any officer of Weld County).
Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award
the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County
Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one
vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the
Request for Bid contained herein (including, but not limited to, product specifications and scope of
services), the successful bidder's response, and the formal acceptance of the bid by Weld County,
together constitutes a contract, with the contract date being the date of formal acceptance of the bid by
Weld County. The County may require a separate contract, which if required, has been made a part of
this RFB.
4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS:
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Successful bidder will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work
under this Agreement, through participation in the E -Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or
BID REQUEST #B1500020
Page 2
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify With Successful bidder that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Successful bidder obtains
actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County
within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice. Successful
bidder shall not terminate the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
Successful bidder shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Successful bidder participates in the State of Colorado program, Successful bidder shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that Successful
bidder has examined the legal work status of such employee, retained file copies of the documents, and
not altered or falsified the identification documents for such employees. Successful bidder shall deliver
to County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program. If Successful
bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County,
may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Successful bidder receives federal or state funds under the contract, Successful bidder must confirm
that any individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the
United States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS:
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By acceptance of the bid, Weld County does not warrant that funds will be available to
fund the contract beyond the current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity,
Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or
hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to the contract. Neither the
BID REQUEST #61500020 Page 3
successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee
of Weld County. The successful bidder and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld
County shall not pay for or otherwise provide such coverage for the successful bidder or any of its
agents or employees. Unemployment insurance benefits will be available to the successful bidder
and its employees and agents only if such coverage is made available by the successful bidder or
a third party. The successful bidder shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful
bidder shall not have authorization, express or implied, to bind Weld County to any agreement,
liability or understanding, except as expressly set forth in the contract. The successful bidder shall
have the following responsibilities with regard to workers' compensation and unemployment
compensation insurance matters: (a) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, and (b) provide proof
thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
state laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall
give or allow any claim or right of action whatsoever by any other person not included in the
contract. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under the contract shall be an incidental
beneficiary only.
H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the
successful bidder.
Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not
be discriminated against on the grounds of race, color, national origin, sex, age, or disability in
consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials,
equipment and/or products necessary for the project and agrees to diligently provide all services,
labor, personnel and materials necessary to perform and complete the project. The successful
bidder shall further be responsible for the timely completion, and acknowledges that a failure to
comply with the standards and requirements outlined in the Bid within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until successful bidder's completion of the responsibilities
described in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement.
BID REQUEST#81500020
Page 4
M. Extension or Modification: Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by the successful bidder
shall be the basis for additional compensation unless and until the successful bidder has obtained
written authorization and acknowledgement by County for such additional services. Accordingly,
no claim that the County has been unjustly enriched by any additional services, whether or not
there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation
payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of the successful bidder. The
successful bidder shall not enter into any subcontractor agreements for the completion of this
Project without County's prior written consent, which may be withheld in County's sole discretion.
County shall have the right in its reasonable discretion to approve all personnel assigned to the
subject Project during the performance of this Agreement and no personnel to whom County has
an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder
shall require each subcontractor, as approved by County and to the extent of the Services to be
performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities
which the successful bidder, by this Agreement, assumes toward County. County shall have the
right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor
hired by the successful bidder and the successful bidder shall cooperate in such process. The
successful bidder shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
O. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. The successful bidder further represents and warrants that all services shall be
performed by qualified personnel in a professional and workmanlike manner, consistent with
industry standards, and that all services will conform to applicable specifications.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free
from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and
conform to the minimum specifications herein. The successful bidder shall warrant that he has title
to the goods supplied and that the goods are free and clear of all liens, encumbrances, and
security interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage,
travel time, and service trucks used in the servicing (including repairs) of any of the goods to be
purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are
necessary for the first one (1) year period after said goods are first supplied to Weld County.
Bidder shall submit with their bids the following information pertaining to the equipment upon which
the bids are submitted:
1. Detailed equipment specifications to include the warranty
2. Descriptive literature.
P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County. Any attempts by
the successful bidder to assign or transfer its rights hereunder without such prior approval by
County shall, at the option of County, automatically terminate this Agreement and all rights of the
successful bidder hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County.
BID REQUEST #61500020 Page 5
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,
strikes, war, flood, earthquakes or Governmental actions.
R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use
other contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-16-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter
of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that
would in any manner or degree interfere with the performance of the successful bidder's services
and the successful bidder shall not employ any person having such known interests. During the
term of this Agreement, the successful bidder shall not engage in any in any business or personal
activities or practices or maintain any relationships which actually conflicts with or in any way
appear to conflict with the full performance of its obligations under this Agreement. Failure by the
successful bidder to ensure compliance with this provision may result, in County's sole discretion,
in immediate termination of this Agreement. No employee of the successful bidder nor any
member of the successful bidder's family shall serve on a County Board, committee or hold any
such position which either by rule, practice or action nominates, recommends, supervises the
successful bidder's operations, or authorizes funding to the successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by
reference shall be null and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of
the accepted bid. The successful bidder acknowledges no payment in excess of that amount will
be made by County unless a "change order" authorizing such additional payment has been
specifically approved by the County's delegated employee, or by formal resolution of the Weld
X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code.
County will not withhold any taxes from monies paid to the successful bidder hereunder and the
successful bidder agrees to be solely responsible for the accurate reporting and payment of any
taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be
entitled to bill at overtime and/or double time rates for work done outside of normal business hours
unless specifically authorized in writing by County.
6. INSURANCE REQUIREMENTS:
Insurance and Indemnification. Contract Professionals must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all
operations, goods or services provided pursuant to this request. Contract Professionals shall keep the
required insurance coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period. The required insurance shall be underwritten by an insurer
BID REQUEST #B1500020 Page 6
BID REQUEST #81500020
licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy
shall contain a valid provision or endorsement stating "Should any of the above -described policies by
canceled or should any coverage be reduced before the expiration date thereof, the issuing company
shall send written notice to the Weld County Director of General Services by certified mail, return
receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction
unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is
in excess of a deductible or self -insured retention, County must be notified by the Contract
Professional. Contract Professional shall be responsible forthe payment of any deductible or self -insured
retention. County reserves the right to require Contract Professional to provide a bond, at no cost to
County, in the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Professional. The County in no way warrants that
the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of
the performance of the work under this Contract by the Contract Professional, its agents,
representatives, employees, or subcontractors. The Contract Professional shall assess its own risks
and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The
Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the
Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.
The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of
insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any
modification to these requirements must be made in writing by Weld County.
The Contract Professional stipulates that it has met the insurance requirements identified herein. The
Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity
of all services provided, the timely delivery of said services, and the coordination of all services
rendered by the Contract Professional and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or
omissions of Contract Professional, or claims of any type or character arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered
under workers' compensation law or arising out of the failure of the Contract Professional to conform to
any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully
responsible and liable for any and all injuries or damage received or sustained by any person, persons,
or property on account of its performance under this Agreement or its failure to comply with the
provisions of the Agreement, or on account of or in consequence of neglect of the Contract
Professional in its methods or procedures; or in its provisions of the materials required herein, or from
any claims or amounts arising or recovered under the Worker's Compensation Act, or other law,
ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed
that the Contract Professional will be responsible for primary loss investigation, defense and judgment
costs where this contract of indemnity applies. In consideration of the award of this contract, the
Contract Professional agrees to waive all rights of subrogation against the County its associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the Contract Professional for the County. A
failure to comply with this provision shall result in County's right to immediately terminate this
Agreement.
Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term
of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the Contract Professional's employees acting within the course and scope of their
employment. Policy shall contain a waiver of subrogation against the County. This requirement shall
not apply when a Contract Professional or subcontractor is exempt under Colorado Workers'
Page 7
Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate
sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability
assumed under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Professional Liability (Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in
the Scope of Services of this contract. Contract Professional shall maintain limits for all claims
covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage
sustained by reason of or in the course of operations under this Contract resulting from professional
services. In the event that the professional liability insurance required by this Contract is written on a
claims -made basis, Contract Professional warrants that any retroactive date under the policy shall
precede the effective date of this Contract; and that either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two (2) years beginning at the time
work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Contract Professionals shall secure and deliver to the County at or before the time of execution of
this Agreement, and shall keep in force at all times during the term of the Agreement as the same
may be extended as herein provided, a commercial general liability insurance policy, including
public liability and property damage, in form and company acceptable to and approved by said
Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate
of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator
in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contract Professional's insurer shall name County as an additional
insured.
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or
other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Contract
Professional. Contract Professional shall include all such subcontractorS, independent Contract
Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that
all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of
insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or
other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the
Response to the Bid each of which forms an integral part of this Agreement. Those documents are
specifically incorporated herein by this reference.
BID REQUEST #B1500020
Page 81
SCOPE OF WORK AND PROPOSED PRICING:
1. Purpose
Weld County is soliciting proposals for environmental services to supplement Weld County's needs for the year
2015. These services typically consist of projects of various sizes at several locations which will require: site
visits, investigation, documentation and environmental clearances. Upcoming projects will likely include Road,
Bridge, Drainage and Gravel Pit Improvement Projects. Many Weld County projects are done with CDOT
funding and services will require coordination with CDOT environmental staff.
2. Scope of Services
Wetland Delineation Task
Wetland delineation is to be conducted at the sites if the sites are near rivers, streams or other waterways
Specific work items associated with this task will include:
• Ground reconnaissance of the project area.
• Determination and quantification of wetlands present using accepted methods.
• Photographs of wetlands communities present.
• Prepare a report of the results of the wetland delineation.
• Submit reports to Weld County and the U.S. Army Corps of Engineers (COE).
• Forward COE correspondence and letter of findings to Weld County.
If the COE requires wetland mitigation measures to be implemented into the project scope of work, the
consultant may be asked to assist with coordinating this responsibility.
Preble's Meadow Jumping Mouse Task
Habitat assessment for the Preble's Meadow Jumping Mouse is to be conducted at the sites. Specific work
items associated with this task will include:
• Ground reconnaissance of the project area.
• Evaluation and quantification of habitat using accepted methods.
• Evaluation of site connectivity with other habitats or documented presences
• Evaluation of project impacts to any identified habitat areas.
• Submit reports to Weld County and U.S. Fish and Wildlife Service (FWS).
• Forward FWS correspondence and letter of findings to Weld County.
If the FWS requires a mouse trapping effort or habitat mitigation measures to be implemented into the project
scope of work, the consultant may be asked to assist with coordinating this responsibility.
We Ladies' Orchid Task
Habitat assessment for the orchid is to be conducted at the sites. Specific work items associated with this task
will include:
• Ground reconnaissance of the project area.
• Conduct habitat survey for the orchid and record any presences.
• Submit reports to Weld County and U.S. Fish and Wildlife Service (FWS)
• Forward FWS correspondence and letter of findings to Weld County.
If the presence of the Ute Ladies' -Tresses Orchid occurs at the project site, the consultant may be asked to
assist with negotiations and meetings with the FWS to determine project requirements.
BID REQUEST #B1500020 Page 9
404 Wetlands Permit Task
If any wetlands within the project area are shown to exist, as determined during the wetlands delineation task,
the consultant shall assist the County with obtainment of a 404 Wetland Permit from the COE. Specific work
items associated with this task will include:
• Coordinate with the COE for a determination of nationwide or individual permit.
• Obtain the appropriate permit for the project based upon the final design.
• Consult with Weld County regarding their responsibilities regarding the permit.
If the COE requires and individual permit and/or wetland mitigation measures to be implemented into the
project scope of work, the consultant may be asked to assist with coordinating this responsibility.
Weld County staff shall be responsible for obtaining any landowner right -to -enter permissions and for any
surveying which may be required for the consultant to conduct the work described above.
Cultural Resources/Historic Survey Task
Specific work items associated with this task will include:
• File Search on Compass which cover all structures, bridges and canals.
• Inventory and evaluation of the roadways and the projects areas of impact.
• The preparation of a Cultural Resources/Historic Survey report.
Birds of Prey Survey Task
Specific work items associated with this task will include
• Survey and Report due to any suitable nesting habitat in the vicinity of the project.
Coordination with CDOT Environmental Staff Task
Specific work items associated with this task will include
• Consultation with Colorado Department of Transportation and completion of
Categorical Exclusion Checklist.
3. Contacts
Questions related to the project and procedures should be directed to
Richard White, Project Manager
Weld County Public Works Dept.
(970)-304-6496, ext. 3742
rdwh ite2co.weld. co. us
4. Terms and Conditions
All consultants will be require to sign a Weld County Professional Services Agreement (example attached).
All work will be done on a work order basis.Each work orderwill be negotiated and approved by the Public
Works Department.
The Professional Services Agreement shall continue in full force and effect for one year from the date of
BID REQUEST #B1500020
Page 10
execution. At the option of the County, the Professional Services Agreement may be extended for up to two
(2) additional years. Increases in the hourly rate prices may be negotiated for subsequent renewal of the
second and third additional one-year periods. Any changes to the hourly rate prices will be negotiated by and
agreed to by both parties and any increases shall not exceed the Denver -Boulder, Greeley CPI Index.
5. Evaluation of Bids
Bids will be evaluated using the following criteria (in no particular order)
• Cost.
• Bidder's previous record of performance.
• Ability of bidder to render satisfactory service.
• Bidder's experience with similar projects.
• Familiarity with Weld County.
Pronosals shall include a 2015 ho rlv lahnr and anninmant rata shoat The rate sheet will establish the
consultants proposed hourly rates for 2015, as well as to negotiate future work item amounts for which
costs have not been previously established. At a minimum, the rate sheet should include the 7 Tasks
described below along with any other plausible task or equipment which may be needed.
The below hourly amounts represent the hours spent on each of the following seven tasks during the
year 2014. It is anticipated that similar hours will be required for this work in 2015. Please fill the
anticipated costs for the work as described for the various tasks indicated.
ITEM NO. TASK DESCRIPTION
1 Wetland DelineationTask
2 Preble's Meadow Jumping Mouse Task
3 Ute Ladies' -Tresses Orchid Task
4 404 Wetlands Permit Task
5 Cultural Resources/Historic Survey Task
6 Birds of Prey Survey Task
7 Coordination with CDOT Environmental Staff Task 12 HRS $
*a separate work sheet should be provided if equipment rental, overhead, or other similar costs need
to be shown, including outline of hourly rates for individuals working on the task.
TOTAL BID AMOUNT $
Unit PRICE
135 HRS $
11 HRS $
11 HRS $
135 HRS $
67 HRS $
11 HRS $
A limit of $50,000 total compensation for this
contract will be budgeted by the Department for 2015.
NOTE: All prices provided shall include labor, office supplies, mileage, overhead and report writing as needed
for each task. The above listed items indicate the most frequently used tasks. Future work orders may request
additional services beyond those identified above.
BID REQUEST #61500020
Page 11
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. #61500020.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date being
the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM
BUSINESS
ADDRESS
BY
(Please print)
DATE
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
SIGNATURE E-MAIL
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -10.
BID REQUEST #B1500020
Page 12
EXHIBIT B
DARCY A. TIGLAS
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183 (II)
970-222-2151 (C)
January 5, 2015
RE: Proposal for Ecological and Historic Services Contract for Weld County
Ms. Darcy Tiglas and Tiglas Ecological Services has provided environmental and historic/cultural services
support to Weld County for 25 years. These services have included wetland delineations, Preble's meadow
jumping mouse habitat evaluations and live trappings, Ute ladies' -tresses orchid habitat evaluations and
surveys, obtainment of 404 -wetland permits (nationwide and individual), birds -of -prey surveys, and
coordination with the Colorado Department of Transportation's (CDOT) environmental staff to assure
compliance with the Federal Highway Administration rules and regulations. Mr. John Hoffecker of Historic
Preservation Consultants in Littleton, Colorado has provided the historic and cultural services support and
expertise, including paleontology and archeology clearances particularly on CDOT projects. Both John and
Darcy are familiar with Weld County and the variety of projects Weld County encounters to improve or
establish infrastructure across the County whether it he a bridge replacement, road realignment, intersection
improvement, borrow pit site, or State roadway tie-in and improvement with existing infrastructure. Darcy
and John have worked with Weld County on all of these types of projects. The hourly rate and equipment
rate costs are provided below.
2015 Hourly Rate and Equipment Rate Sheet
Hourly Rate:
Darcy Tiglas Biologist $67.00 per hour
John Hoffecker Cultural Resources $75.00 per hour
Equipment Rate Sheet:
Vehicle: 0.555 cents per mile
Computer: $27.50 per hour
Phone: 0.20 cents per minute
Sincerely,
Darcy A. Tiglas, Biologist
Tiglas Ecological Services
execution. At the option of the County, the Professional Services Agreement may be extended for up to two
(2) additional years. Increases in the hourly rate prices may be negotiated for subsequent renewal of the
second and third additional one-year periods. Any changes to the hourly rate prices will be negotiated by and
agreed to by both parties and any increases shall not exceed the Denver -Boulder, Greeley CPI Index.
5. Evaluation of Bids
Bids will be evaluated using the following criteria (in no particular order):
• Cost.
• Bidder's previous record of performance.
• Ability of bidder to render satisfactory service
• Bidder's experience with similar projects.
• Familiarity with Weld County.
. The rate sheet will establish the
consultants proposed hourly rates for 2015, as well as to negotiate future work item amounts for which
costs have not been previously established. At a minimum, the rate sheet should include the 7 Tasks
described below along with any other plausible task or equipment which may be needed.
The below hourly amounts represent the hours spent on each of the following seven tasks during the
year 2014. It is anticipated that similar hours will be required for this work in 2015. Please fill in the
anticipated costs for the work as described for the various tasks indicated.
ITEM NO. TASK DESCRIPTION
1 Wetland DelineationTask
2 Preble's Meadow Jumping Mouse Task
3 Ute Ladies' -Tresses Orchid Task
4 404 Wetlands Permit Task
5 Cultural Resources/Historic Survey Task
6 Birds of Prey Survey Task
7 Coordination with CDOT Environmental Staff Task
*a separate work sheet should be provided if equipment rental, overhead, or other similar costs need
to be shown, including outline of hourly rates for individuals working on the task.
TOTAL BID AMOUNT
130.
Unit PRICE g 135 HRS $ 10 rt
11 HRS $ rfr 3 q
11 FIRS $ /3r7
135 HRS $ 901-1
67 HRS $ 5015
11HRS $ 13+
12 FIRS $ 50.1
NOTE: All prices provided shall include labor, office supplies, mileage, overhead and report writing as needed
for each task. The above listed items indicate the most frequently used tasks. Future work orders may request
additional services beyond those identified above.
BID REQUEST #B1500020
Page 11
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. #81500020.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date being
the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM 0 j 5t?,v'vl BY 1)CXYGLi 11 of 1Q5
(Please print)''
BUSINESS ADDRESS 5016' Sw�n5ol�tfi�-Dr'. 16
DATE V5 1
CITY, STATE, ZIP CODE 1-0 vii and CO S 0 531
TELEPHONE NO of 7P 2,2210 1 FAX TAX ID # 524 - 31 ^ (+0 I
SIGNATURE E-MAIL CCS ci • co ✓h
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. 'YOU DO NEED TO SEND BACK PAGES 1 -10.
BID REQUEST #B1500020 Page 12
MEMORANDUM
Date: January 23, 2015
To: Trevor Jiricek, General Services Director
From: Richard White, Project Manager
Don Dunker, County Engineer
RE: 2015 Environmental Services — Contract Award (RFP No. B1500020)
BOCC Approval Date January 26, 2015
The Public Works Department provided a pass -around to the BOCC describing the 2015 Environmental
Services Contract. Bids ranged from $26,130 - $47,760 with the low bid being submitted by Tiglas
Ecological Services from Loveland, Co. The Public Works Department has worked with Tiglas
Ecological Services for the past couple of years and has been very satisfied with the services provided.
It is our recommendation to award the 2015 Environmental Services contract to Tiglas Ecological
Services in the amount of $26,130.00, and sign the Professional Services Agreement.
/12
Zois OiL2U
Fe7 0072,
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: mwaltersAco.weld.co.us
E-mail: reverettAco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: JANUARY 6TH, 2015
REQUEST FOR: ENVIRONMENTAL SERVICES
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #B1500020
PRESENT DATE: JANUARY 12, 2015
APPROVAL DATE: JANUARY 26, 2015
VENDORS
FELSBURG HOLT & ULLEVIG
6300 SOUTH SYRACUSE WAY SUITE 600
CENTENNIAL CO 80111
WILDLAND CONSULTANTS INC
1001 JEFFERSON DR
BERTHOUD CO 80513
TIGLAS ECOLOGICAL SERVICES
5015 SWAINSONA DR
LOVELAND CO 80537
REAL WEST NATURAL RESOURCE CONSULTING
1116 ALBIN ST
LARAMIE WY 82072
SWCA ENVIRONMENTAL CONSULTANTS
2120 SOUTH COLLEGE AVE SUITE 2
FT COLLINS CO 80525
OAK SERVICES LLC
2205 WEST 136TH AVE SUITE 106-140
BROOMFIELD CO 80023
TERRACON CONSULTANTS INC
10625 W 1-79 FRONTAGE RD STE 3
WHEAT RIDGE CO 80033
EDM INTERNATIONAL INC
4001 AUTOMATION WAY
FT COLLINS CO 80525
***THE PUBLIC WORKS DEPT WILL BE REIVEWING THESE BIDS.
2015-0166
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